Mantri Paswan @ Mantri Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 37904 of 2017 Arising Out of PS.Case No. -106 Year- 2017 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ====================================================== MANTRI PASWAN @ MANTRI KUMAR, S/o Chaudhary Paswan Resident of Village : - Mohanpur, P.S. Muffasil, District - Begusarai. .... .... Petitioner

Versus

1. The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Surendra Kishore Thakur, Advocate For the Opposite Party : Mr. Ram Naresh Ray, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-09-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act. The FIR relates to the occurrence of murder of the son of the informant. The FIR is against unknown. During investigation, a witness stated that from a distance, he saw that three persons including the petitioner were on motorcycle and anyone of the three fired at the deceased as a result whereof he died.

Learned counsel for the petitioner submits that subsequent eye-witness is a concoction one, otherwise there is no

Patna High Court Cr.Misc. No.37904 of 2017 (3) dt.21-09-2017 2 /2 reason to not disclose name of the assailants in the FIR. Considering the fact that suspicious material is there against the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai/successor Court in connection with Begusarai Muffasil Police Station Case No. 106 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Kundan/- U T